Order entered April 18, 1968, appealed from, unanimously reversed on the law and the facts, with $30 costs and disbursements to appellant, and the motion to strike the action from the General Jury Calendar is denied.
In this action by plaintiff, a statutory tenant, for malicious prosecution, defendants rely upon a jury waiver provision contained in the initial lease, since expired. There is no question but that such provision was projected into and continued in the...
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